Challenge to D.C. pot initiative in spending bill

NICOLE GAUDIANO, USA TODAY 5:20 p.m. EST December 10, 2014

A measure pushed by Republican U.S. Rep. Andy Harris of Maryland challenging the District of Columbia vote legalizing small amounts of marijuana is included in a must-pass federal spending bill Congress is taking up this week.

The measure, released Tuesday night, would prohibit using federal or District money to enact laws or rules to legalize — or reduce penalties for — possessing or distributing marijuana for recreational purposes.

Harris’ staff believes the measure would block the city’s Nov. 4-passed ballot initiative, which they say won’t be enacted until a congressional 30-day review period ends. All D.C.-passed laws must be sent to Congress for review and approval.

The staff members say it’s conceivable that the measure, if approved, will bar D.C. from even submitting the initiative to Congress for review, because that would require spending local money.

“Numerous studies show the negative impact regular recreational marijuana use has on the developing brain and on future economic opportunities for those who use this illegal drug,” Harris said in a statement. “I am glad Congress is going to, in a bipartisan way, uphold federal law to protect our youth by preventing legalization in Washington, D.C.”

Unlike a Harris measure that passed the House in July, this new version wouldn’t block the District from “carrying out” enacted marijuana policies, she said. She argues that the marijuana initiative could be considered enacted when it passed with the support of more than two-thirds of District voters, and doesn’t require rules for implementation.

“Therefore, it can be argued that the legalization of small amounts of marijuana can proceed,” Norton said in a statement.

Harris also has tried to block a separate D.C. law that decriminalizes marijuana, imposing a civil fine of $25 and no criminal penalty for possessing a small amount. Harris’ staff doesn’t expect the provision in the federal spending bill to affect that law because it was enacted in July.

Marijuana legalization activists and proponents of D.C. home rule have protested at Harris’ office and encouraged a boycott of Maryland vacation destinations. On Tuesday, some activists interrupted Harris as he delivered a speech on the issue at the Heritage Foundation. Some carried signs saying Harris wants marijuana users in jail.

“We don’t want members of Congress to overturn our election,” said Nikolas Schiller, a spokesman for the DC Cannabis Campaign.

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